People ex rel. Graham v. Studwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edwin F. Studwel], as supervisor, and others, composing the town board of the town of Eye, and another, from an interlocutory order in favor of the plaintiff,' entered in the office of the clerk of the county of Westchester on the 6th day of October, 1903, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendants’ demurrer to an alternative writ of mandamus theretofore issued herein.
1Opinion of the Court
Jbnks, J. :
An alternative writ of man damns commands the defendants as officers of the town of Eye to convene as a town board and “ give your consent in the manner provided by law to the payment ” of a claim of the relator. As the defendants have demurred, the facts, *471being thus stated by the relator, are as follows: The relator Graham was during the period of time from April, 1895, to January, 1902, one of the commissioners of highways of the town of Rye, duly elected and qualified to act as such officer, and while so acting, he performed the- work, labor and services for the repair of the…
2Cases cited8 opinions
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Crocket v. StateIndiana Supreme Court · 1870
- Kramrath v. . City of AlbanyNew York Court of Appeals · 1891
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- People Ex Rel. Keene v. Board of SupervisorsNew York Court of Appeals · 1894
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3Cited by2 opinions
- People ex rel. Canton Bridge Co. v. Board of Town Auditors of HoriconAppellate Division of the Supreme Court of the State of New York · 1909
- Dady v. City of New YorkNew York Supreme Court · 1909